Temporary Vacancy — DILG Region I opinion letter

(d) In the event, however, that the local chief executive concerned fails or refuses to issue such authorization, the vice-governor, the city or municipal vice-mayor, or the highest ranking sangguniang barangay member' as the case may be, shall have the right to assume the powers, duties' and functions of the said oflice on the fourth (4th) day of absence of the said local chief executive, subject to the limitations provided in subsection (c) hereof. r (e) Except as provided above, the local chiefexecutive shall in no case authorize any local offrcial to assume the powers, duties, and functions of the offrce, other than the vice-governor, the ciry or municipal vice-mayor, or the highest ranking sangguniang barangay member, as the case may be. Dwelling on the issues, this Office opines that Mayor Balloguing does not have the power to prescribe limitations on the powers of the acting municipal mayor whenever she is on leave for 30 days (July 3, 2010 - August 2, 2OtOl.lt is crystal clear that a mayor can only prescribe limitation when he/she is on leave for a period not exceeding three (3) consecutive days but he/she is travelling within the country. The memorandum prescribing limitation on the power of the acting mayor is invalid because it is contrary to sec. 46 of the Local Government Code of L991. Hence, even if issued by the mayor-on-leave, the acting mayor can still perform the function, duties and powers of a mayor except the power to appoint, suspend and the power to dismiss, regardless of the existence of said memorandum. As to what sanction, this Office opines that there is no specific sanction that could be imposed because an administrative case for abuse of authority, if proper, should first be filed in view of one's right to due process. This is a legal opinion; parties are not precluded from seeking legal opinion from higher authorities. We hope that we have addressed your concern accordingly' Very truly Yours, I r l\. i l^Ulhd/nl MANlllELv. glAsotu, cEso lll /Regional Director i I regal/l@